DOJ: Now That We've Been Embarrassed For Spying On Journalists, We'll Be A Little More Careful

from the until-congress-says-otherwise dept

Right before the Snowden leaks came out, you may recall there were some other controversies, involving the DOJ spying on reporters, including claiming that reporter James Rosen was an "aider, abettor or co-conspirator" in order to get access to his emails and phone records. In response to this controversy, President Obama... put Attorney General Eric Holder in charge of investigating these efforts, despite the fact that it was under Eric Holder's watch that these things happened.

The new guidelines, which the official said would take effect almost immediately, would prevent the Federal Bureau of Investigation from portraying a reporter as a co-conspirator in a criminal leak as a way to get around a legal bar on secret search warrants for reporting materials, as an agent did in a recently revealed search warrant affidavit involving a Fox News reporter.

They would also make it harder — though not impossible — for prosecutors to obtain a journalist’s calling records from telephone companies without giving news organizations advance notice...

According to that report at the NY Times, the DOJ also said that it can't do any more unless laws are changed:

“This is as far as the department can go on its own until Congress passes the media shield legislation,” the Justice Department official said

That's simply not true. The DOJ's guidelines are just that: guidelines. They can set pretty clear guidelines for themselves that make it clear that the DOJ will not spy on reporters' communications with sources. But they're choosing not to do so. Either way, all of this seems (yet again) like a reaction to them being called out on questionable behavior. They made no effort to fix these guidelines until what they were doing came out in the news. It's difficult to take the DOJ seriously when they promise to change after they've been caught.

Hmmm...

"That's simply not true. The DOJ's guidelines are just that: guidelines. They can set pretty clear guidelines for themselves that make it clear that the DOJ will not spy on reporters' communications with sources."

"They're more like guidelines anyway."
- Mr. Gibbs, Pirates of the Caribbean

Historically, no matter what they say, it will be a lie. I do not trust them. They are all criminals and they need to arrested, convicted, locked up naked in solitary confinement and the key thrown away.

Heh, reminds me of a scene where the space mariner newbie asks the captain if charging by themselves into a huge swarm of aliens wouldn't be against their Codex. The captain answers: "The Codex are only guidelines son. Stay here if you so wish." or something like that.

Personally I think the Govt sees the Constitution now as mere guidelines.